Case ref: 202101686
NHS organisation: Tayside NHS Board
Subject: Working from home during COVID-19
Date: December 2022
This is the report of the Independent National Whistleblowing Officer (INWO) on a whistleblowing complaint about compliance with national guidance on working from home during the COVID-19 pandemic. It is published in terms of section 15(1) of the Scottish Public Services Ombudsman Act 2002 which sets out the INWO’s role and powers. There is more information about this here: https://inwo.spso.org.uk/
Supported by the confidential appendixes, it is a full and fair summary of the investigation.
Executive summary
- The complainant (C) complained to the INWO about Tayside NHS Board (the Board). C had a non-clinical role with the Board, which they normally performed at one of the Board’s hospital sites.
- The complaint I have investigated is:
- the Board unreasonably failed to comply with the Scottish Government guidance on working from home during the COVID-19 pandemic. (upheld)
- the Board unreasonably failed to handle C’s whistleblowing concern in accordance with the National Whistleblowing Standards. (upheld)
- As a result of my findings, the Board have been asked to implement a number of recommendations and consider and reflect on other feedback, particularly in relation to compliance with the National Whistleblowing Standards.
- My investigation also identified a number of areas of good practice by the Board, which has been included in my feedback.
Recommendations
What INWO are asking the Board to do for C:
| Rec No. |
What we found |
What the organisation should do |
What we need to see |
|---|---|---|---|
|
1. |
Under 2.1 I found the Board did not comply with guidance on working from home in the pandemic. Under 2.2 I found there were shortcomings in handling C’s whistleblowing concerns. |
Acknowledge to C that the Board did not comply with national policy on working from home in the pandemic. Acknowledge that C raised legitimate concerns about the above in the public interest. Apologise to C for the shortcomings in handling the whistleblowing concern. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets. |
A copy of a letter or other record confirming an apology and acknowledgement were given to C. By: 23 January 2023 |
| 2. | Under 2.1 and 2.2 I found the circumstances in which C and others found themselves has resulted in a breakdown of relationships within the work area. |
Restored working relationships. It is open to the Board as to their approach, but this might, for example, include mediation or other restorative action. |
Evidence that the Board is actively working with C in a structured and planned way, including how the INWO will be kept informed of progress. By: 21 February 2023 |
What INWO are asking the Board to improve the way they do things:
| Rec No. |
What we found |
What the organisation should do |
What we need to see |
|---|---|---|---|
|
3. |
Under 2.1 I found the Board did not comply with guidance on working from home in the pandemic. Under 2.2 I found there were shortcomings in handling C’s whistleblowing concerns. |
Learning is identified from this case and actioned appropriately. |
Evidence that the Board has identified and actioned (or plans to action) learning. By: 21 March 2023 |
What INWO are asking the Board to do to improve their compliance with the Whistleblowing Standards:
| Rec No. |
What we found |
Outcome needed |
What we need to see |
|---|---|---|---|
|
4. |
Under 2.2 I found there was confusion surrounding support options available, and a situation which left C feeling unsupported and isolated. |
Staff can raise concerns in a safe environment.
|
Evidence that the Board has developed and implemented guidance on how support will be provided to whistleblowers, drawing on the learning from this case. (The Board may find it helpful to draw on C’s own experience and insight into this). By: 21 March 2023 |